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s. w 1 P ~ '~~ , - 1'~ {` RESOhLIr!'ION NO. i~ f STATE OF MINi~1ESOTA F CC)I7N'1'Y OF RAMSEY Sk - CITY~OF NEW-BRIGHTON ~~ RESOLUTION MAKING FINDINGS OF FACT, and denying application for VN 161. G~IHEREAS, an application for variance entitled VN 161 has-been made to the City and said application has been processed and reviewed by the Planning 3 Commmission atts meeting on September 21, 1976, and heard and considered by the Council at a public hearing on September 26,.:;1976, 3 Ea ; N06a, Tf-IEREFORE, BE IT RESOLUID, that the New=Brighton City Council makes the following Findings of Fact in respect to VN 161 FINDINGS OF .c ACT: ~ 1. That an application-for UN 161 was filed with the City and was ~, heard and reviewed by the Planning Commission at its meeting on September 21, +': 1976; . ~ 2. That the City..Council, pursuant to published and mailed notices, ' ~' held a public hearingon-September 26,'.1976, to consider the application. The ~. applicant and other persons present at the hearing were given opportunity to be heard; - 3. The written comments and analysis of the :City Planner, the Planning eo~nission '~Ii.nutes and recommendations and all persons' statements 'made at the public hearing were considered including the statements of ,the -; applicant ..and members. of the Council:. ' 'sf BE IT FURTHER RESOLVED that tYie application. for VN 161 be hereby ?R denied for the following reasonsc 1. That no'undue hardship shown by the"applicant at the Planning f; Commission meeting or at 'the public hearing, 2. That the subject property was'not shown t.o be unicnze and no other <uniglie circumstances were shown to be_present. 3. That the •New Brighton Zoning .Code provides for e 1 im i n a t i o n o f intensity of the land 'development by; he legislatively deternlined '',?.floor-area-ratio requirement. a The floor-area-ratio is legislatively provided as a Zoning District ~: .Standard applying uniformly to all propertiesn the 'district, independent of use or other`factors.- f~ 5. The floor-area-ratio, as legislatively provided, determines the !'ultimate parcel density. and hence determines parcel value. 6. The floor-area-ratio is by its inherent nature, as a ratio, com- pletely nondiscriminatory allowing any and-all properties in a given ?oozing district to be developed iri proportion to size. ~, 7,That the United States Constitution pursuant to the Fourteenth ,;A~~ndmentrec~uires that zoning administration b~ conducted to provide ec1ual ''treatment to all those, similarly situated with respect to the law. &. That:'it is a fndinc of the New Brcxhton`City Council that equity of treatment of 'all those similarly, situated acquires uniform enforcement of `'floor-area-ratio to all parcels within a given zoning district.